[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50901-50915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19857]


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DEPARTMENT OF LABOR

Office of the Secretary


A China Labor Rule of Law Program

AGENCY: Bureau of International Labor Affairs, Department of Labor.

ACTION: Notice of Availability of Funds and Solicitation for 
Cooperative Agreement Applications (SGA 02-18).

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[[Page 50902]]

    This notice contains all of the necessary information and forms 
needed to apply for cooperative agreement funding.

SUMMARY: The U.S. Department of Labor (USDOL), Bureau of International 
Labor Affairs (ILAB), will award up to US $4.5 million through one or 
more cooperative agreements to an organization or organizations (``the 
applicant'') to develop and implement a program that focuses on the 
promotion of labor rule of law in the People's Republic of China 
(``China''). USDOL is seeking applications from qualified applicants 
for the development of a strategy for the enhancement of labor rule of 
law and for the implementation of such a program through collaboration 
with central and local government agencies, academic institutions, and 
NGOs. Each applicant will submit one proposal for the entire program. 
USDOL, however, reserves the right to award more than one cooperative 
agreement for the implementation of the projects.

DATES: The closing date for receipt of applications is September 4th, 
2002. As described in Section III, A and B, applications must be 
received by 4:45 p.m. (Eastern Daylight Savings Time) at the address 
below. No exceptions to the mailing, delivery, and hand-delivery 
conditions set forth in this notice will be granted. Applications that 
do not meet the conditions set forth in this notice will not be 
honored.

ADDRESSES: Application forms will not be mailed. They are published in 
this Federal Register Notice, and in the Federal Register which may be 
obtained from your nearest U.S. Government office, public library or 
on-line at http://www.archives.gov/federal_register/index. 
Applications must be delivered to: U.S. Department of Labor, 
Procurement Services Center, 200 Constitution Avenue, NW, Room N-5416, 
Attention: Lisa Harvey, Reference: SGA 02-18, Washington, DC 20210. 
Applications sent by e-mail, telegram, or facsimile (FAX) will not be 
accepted. Applications sent by other delivery services, such as Federal 
Express, UPS, etc., will be accepted; however, the applicant bears the 
responsibility for timely submission.

FOR FURTHER INFORMATION CONTACT: Lisa Harvey: e-mail address: [email protected]. All applicants are advised that U.S. mail delivery in the 
Washington, DC area has been slow and erratic due to the recent 
enhanced security measures. All applicants must take this into 
consideration when preparing to meet the application deadline. It is 
recommended that you confirm receipt of your application by contacting 
Lisa Harvey, U.S. Department of Labor, Procurement Services Center, 
telephone (202) 693-4570, prior to the closing deadline. All inquiries 
should reference SGA 02-18. See Section III.B for further information.

SUPPLEMENTARY INFORMATION: ILAB announces the availability of funds to 
be granted by cooperative agreement(s) to one or more qualifying 
organization to achieve the following program objectives: (1) Enhance 
the Chinese government's capacity to develop laws and regulations to 
implement internationally recognized workers rights; (2) promote 
greater awareness of labor law among Chinese workers and employers; (3) 
improve industrial relations and develop a national system to educate 
government officials, employers, workers and academics on worker 
rights, collective bargaining, and labor dispute prevention and 
resolution; and (4) enhance legal aid services to workers and migrant 
laborers, providing services through government and non-governmental 
organizations. The cooperative agreement(s) will be carried out through 
project(s) with China's national government in Beijing and through 
pilot projects in one or more of the following cities: Shenyang, 
Chengdu, Shanghai, and Guangzhou. Proposals of pilot projects in other 
cities will also be considered, provided that the cities are located 
within a reasonable distance from a U.S. Consulate General. In each 
city, the pilot project should focus on one or more of the above-
mentioned objectives, depending on the specific needs of each city. In 
choosing cities for pilot project(s), applicants are encouraged to 
engage financial and human resources in the city or cities where the 
pilot project(s) is most likely to produce demonstrable results and 
success. It is neither necessary nor desirable to propose pilot 
projects in all these cities, unless the applicant can demonstrate that 
there are adequate financial and human resources to ensure project 
success. In addition, any successful pilot project should address the 
specific challenges in each locality but should also be mindful of the 
needs of national policymakers in China. Each pilot project should be 
relevant to the local labor conditions and problems and should 
supplement the overall program objectives. Finally, the designs of 
these pilot projects should reflect the understanding of and 
appropriate strategy to deal with China's current central-local 
relations, i.e., proposals should be sensitive to the needs and 
conditions of municipal and provincial governments while also 
respecting national laws, procedures and policies.
    Applicants are advised that USDOL is also currently soliciting 
grant applications under a separate SGA, SGA 02-17, to implement a 
program to improve mine safety in China.
    The cooperative agreement(s) is to be actively managed by ILAB to 
assure the achievement of the stated objectives. Applicants are 
encouraged to be creative in proposing an innovative and cost-effective 
program that will have a demonstrable impact on achieving the overall 
objectives. Applicants are strongly encouraged to form partnerships 
with other national, international, or Chinese organizations to submit 
a joint proposal.
    Limitation: Technical assistance under the proposed program may not 
be provided to the All-China Federation of Trade Unions. For additional 
information, see 22 U.S.C. 6981 (b)(3).

I. Background and Program Scope

A. Background: Labor Rule of Law

    In China, several government agencies are responsible for 
administrating labor law at the national, provincial and municipal 
levels. At the national level, the Ministry of Labor and Social 
Security (MOLSS) is the principal policy-making institution.
    The enforcement of national labor law and regulations is carried 
out by provincial and municipal bureaus of labor and social security, 
which are under the jurisdiction of the municipal or provincial 
government; they receive policy and technical guidance from MOLSS. 
Provincial and municipal governments also establish local regulations 
and policies for the implementation of national laws and policies.
(i) Labor Law Enforcement: Implementing of National Laws
    Over the past decade, China has taken steps toward establishing 
laws and regulations and creating institutions in the labor area.\1\ 
However, the enforcement of these laws and regulations remains 
problematic at both the national level as well as the local level. 
China's 1994 Labor Law establishes fundamental legal principles in the 
following nine areas:
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    \1\ See, for example, Chang Kai, Li Qi, and Bama Athreya, A 
Comparison between International Labor Standards and Chinese Labor 
Standards, August 2001, unpublished manuscript: available from the 
US-China Business Council or the International Labor Rights Fund; 
CLB Analysis of the New Trade Union Law, in China Labor Bulletin, 
http://iso.china-labour.org.hk, online February 28, 2002.
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     Promotion of employment

[[Page 50903]]

     Labor contracts and collective contracts
     Working hours, rest, and leave
     Wages
     Labor safety and sanitation
     Special protection for female staff and workers and 
juvenile workers
     Professional training
     Social insurance and welfare treatment
     Labor disputes
    In each of these areas, the law provides the basic legal framework 
and guidelines but does not provide sufficient detail to implement 
these basic principles. The MOLSS formulates regulations and directions 
in each of the areas. Without adequate regulations, the government 
cannot protect the rights of workers as provided by the 1994 Labor Law. 
Enforcement is a major challenge in small and medium enterprises where 
violations (most often non-payment of wages and overtime and unsafe 
working conditions) reportedly occur most frequently.
    Moreover, inspectors are not well trained as a result of the 
government's limited budget for training and the lack of modern 
training methods and materials. Many of the available training 
resources were developed in the 1960s and the training system is in 
dire need of modernization. Finally, traditional labor inspection 
techniques were developed for use in state-owned-enterprises (SOEs) 
under China's planned economy. China now needs a modern and capable 
inspection staff that can work to promote and enforce the law with 
privately owned enterprises, foreign invested enterprises, small to 
medium-sized SOEs, and township and village enterprises.
(ii) Worker Education: Promoting Awareness of Labor Laws
    As China continues the transition toward a market-oriented economy, 
fear of unemployment often inhibits workers from exercising their 
rights at work. China's economic reforms have displaced about 150 
million rural workers who seek employment in urban areas. Competition 
for jobs often leads workers to accept jobs that do not pay the legal 
minimum wage, over-time wages, holiday pay, maternity leave, or provide 
a safe and healthy working environment. It also leads to unscrupulous 
management practices and abuse by employers.
    Most of the labor-intensive, low paying jobs in urban areas are 
filled by migrant workers, often young women, who have little education 
or employment experience. These workers have the greatest need to learn 
about their rights and responsibilities granted by national labor law.
    Workers' lack of awareness and understanding of China's labor laws 
and regulations often prevents them from exercising their rights. The 
government and a very small number of NGOs are making some effort to 
educate workers about labor law. For example, several cities, including 
Shanghai, Guangzhou, and Shenzhen, initiated ad hoc workshops for job-
seekers and migrant laborers to explain to them rules and regulations 
regarding work permits, wages and overtime payments, and other rights 
and obligations. A few NGOs in Guangzhou also provide information to 
migrant workers who seek guidance on employment laws regarding 
workplace disputes. However, these efforts cover only a small portion 
of the workforce and the services provided tend to be sporadic.
(iii) Industrial Relations: Training and Education on Rights, 
Collective Bargaining and Dispute Prevention and Resolution
    Industrial relations in China are changing profoundly, but the 
legal and regulatory framework for industrial relations has not kept 
pace with these changes. There is no effective national structure for 
the promotion and education of negotiations among government, employers 
and workers.
    An increasing number of workers are taking disputes to formal 
arbitration mechanisms. These mechanisms are not fully developed and 
are perceived as not always being staffed with well-trained neutral 
arbitrators. Chinese officials and analysts have spoken publicly about 
the need to adopt a new style of labor relations. Lawyers and workers, 
in small but potentially significant numbers, have begun to utilize the 
courts to adjudicate disputes and protect the rights of workers 
following the arbitration process.\2\
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    \2\ U.S. Department of State Cable, Unclas Beijing 2001, 011990, 
December 12, 2001.
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    China currently has a small but growing corps of young lawyers, but 
few have expertise on labor issues. China has seen a sharp increase in 
labor disputes in recent years. According to official MOLSS statistics, 
arbitration committees nationwide handled over 135,000 labor disputes 
in 2000, an increase of 12.5 percent over the previous year.\3\ Given 
China's evolving industrial relations, the need for legal and 
managerial professionals in the labor area is growing steadily.
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    \3\ U.S. Department of State, China: Country Reports on Human 
Rights Practices, 2001, March 4, 2002.
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    The international community is lending technical assistance to 
China to address industrial relations issues. The International Labor 
Organization (ILO) is implementing a technical assistance project to 
improve human resource management and labor management relations in 
three cities in China.\4\ The ILO project seeks to address three 
topics: (1) the development of high quality human resource practices; 
(2) the promotion of sound labor-management relations; and (3) the 
upgrading of working conditions and productivity in small and medium 
enterprises. Other international donors, such as the Ford Foundation 
and the government of the Netherlands, are supporting a number of small 
pilot projects that focus on legal aid to workers in Guangdong, 
Shanghai, and Beijing.\5\
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    \4\ For more information, see ILO project CPR/00/MO1/SW1, 
available from ILO Washington DC branch office, 202-653-7652.
    \5\ It is advisable that the applicants contact these 
organizations directly to obtain further information about these 
projects. Ford Foundation Beijing Office, telephone 8610-6532-6668; 
Royal Netherlands Embassy in Beijing, telephone 8610-6532-1131.
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(iv) Legal Aid: Improving Services to Workers
    Women and migrants are China's most vulnerable workers.\6\ Many 
workers do not seek effective protection from labor abuse because they 
are not aware of their rights and obligations under the law. While in 
recent years the Chinese government has enhanced its efforts to provide 
improved benefits and protections for workers, workers are frequently 
ignorant of these changes.
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    \6\ Asia Foundation working paper, Migrant Women Workers and 
Emerging Civil Society in China, Zhang Ye, October 22, 2001.
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    Local governments provide some legal assistance in all areas of law 
(criminal, civil and labor) to eligible citizens, including workers, 
through legal aid centers, but such assistance is extremely limited in 
both the number of citizens it serves and the quality of service 
provided. The legal aid centers are typically run by the local bureaus 
of justice, and are often under-staffed and under-budgeted. For 
example, in a district in Shanghai, where the legal aid services are 
supposedly the best in the country, the legal aid center is staffed by 
two lawyers who offer consulting services to qualified citizens on a 
walk-in basis and four additional law professionals who staff legal 
telephone hotlines. According to city officials, the center was visited 
by nearly 7,000 persons in the past year and received over 11,000 
telephone inquiries. Such high levels of demand for such a small

[[Page 50904]]

staff put the quality of service at risk, and limit the number of 
persons who can be assisted.
    Some NGOs are beginning to provide legal aid services as a part of 
their overall mission. A handful of NGOs in Guangzhou and Shenzhen 
provide legal aid services to migrant workers, particularly to women. 
However, such NGOs are extremely limited in number and most lack the 
human and financial resources to expand their services beyond the 
several dozen cases they work on each year.

B. Program Scope

    For any proposal to be considered responsive to this solicitation, 
it must contain proposed projects that cover all of the following four 
aspects, with each corresponding to issues identified in section A.
(i) Labor Legislation and Labor Law Administration
    Applicants should seek to propose project(s) that (1) assist the 
government in developing laws and regulations, emphasizing employment 
promotion, labor contracts and labor inspection, to protect workers' 
rights as provided in China's 1994 Labor Law, taking into consideration 
ILO international labor standards; (2) develop a national system for 
the training of government officials concerned with implementation and 
enforcement of national labor laws and regulations; (3) provide the 
government with technical expertise and other resources for the 
training of officials at all levels, and; (4) develop training 
materials and techniques and provide training for labor inspectors to 
enhance their abilities and effectiveness. Applicants are encouraged to 
design pilot projects in localities and to engage local and central 
government agencies, as well as national universities, where 
appropriate.
(ii) Labor Law Awareness
    All applications should include a means to develop an educational 
infrastructure on labor law to educate workers and employers about 
their legal rights, protections and responsibilities under national 
labor laws and regulations. Particular attention should be directed to 
reaching socially and economically disadvantaged groups, such as women 
and migrant workers; and privately owned enterprises. Applicants are 
encouraged to develop innovative forms of cooperative relationships 
with national organizations, including non-governmental organizations.
(iii) Industrial Relations
    Applicants should include a project to (1) promote innovative forms 
of labor-management cooperation in the workplace; (2) develop practical 
and effective ways to improve the existing labor dispute prevention and 
resolution system; and (3) develop a national, sustainable system for 
the diffusion of knowledge and best international practices in the 
areas of worker rights, collective bargaining, and dispute prevention 
and resolution among key government officials, employers, workers, and 
academics.
(i) Legal Aid
    All applicants should include a project to (1) work with 
appropriate organizations to provide legal services in the labor area 
to workers; (2) provide training both in the area of legal knowledge as 
well as effective methods of providing legal service to workers, 
especially migrant and women workers; (3) develop sustainable 
institutional capacities in China for the continuation of legal 
services to workers beyond the program period; and (4) develop a labor 
and social security legal information consultation system to provide a 
network platform for western provinces and finally establish a national 
network to provide legal consultation services in the labor area. 
Applicants are encouraged to form partnerships with NGOs, including 
universities and research institutes, which are already providing legal 
aid to workers. Applicants are strongly encouraged to form new 
partnerships in China for the same purpose.

II. Authority

    ILAB is authorized to award and administer this program by the 
Departments of Labor, Health and Human Services, and Education and 
Related Agencies Appropriations Act, 2002, Pub. L. No. 107-116, 115 
Stat. 2177 (2002).

III. Application Process

A. Eligible Applicants

    Any commercial, international, or non-profit organization, which 
may include faith-based organizations, capable of successfully 
implementing a labor rule of law program in China, and successfully 
working with MOLSS, local labor bureaus, local work safety bureaus, 
courts, NGOs, Chinese legal professionals, Chinese universities and 
other appropriate agencies or organizations in China to meet the stated 
program objectives is eligible to apply for this cooperative agreement. 
An applicant may, and indeed is encouraged, to collaborate with other 
organizations in submitting a joint proposal, although in such a case a 
lead organization must be identified. The capability of an applicant 
and collaborating organizations to perform necessary aspects of this 
solicitation will be determined under Section V. B Rating Criteria and 
Selection.
    Please note that eligible cooperative agreement applicants must not 
be classified under the Internal Revenue Code as a Section 501(c)(4) 
entity. See 26 U.S.C. 501(c)(4). According to the Lobbying Disclosure 
Act of 1995, as amended, 2 U.S.C. 1611, an organization, as described 
in section 501(c)(4) of the Internal Revenue Code of 1986, that engages 
in lobbying activities will not be eligible for the receipt of federal 
funds constituting an award, grant, or loan.

B. Submission of Applications

    One (1) ink-signed original, complete application plus two (2) 
copies must be submitted to the U.S. Department of Labor, Procurement 
Services Center, 200 Constitution Avenue, NW., Room N-5416, Washington, 
DC 20210, not later than 4:45 p.m. EDST, September 4th, 2002.
    The application must consist of two (2) separate parts. Part I of 
the application must contain the Standard Form (SF) 424, ``Application 
for Federal Assistance'' (Appendix A) (The entry on SF 424 for the 
Catalog of Federal Domestic Assistance Number (CFDA) is 17.700) and 
sections A-F of the Budget Information Form SF 424A (Appendix B). Part 
II must contain a technical proposal that demonstrates capabilities in 
accordance with the Statement of Work (Section IV.A) and the selection 
criteria (Section V.B).
    To be considered responsive to this solicitation, the application 
must consist of the above-mentioned separate sections not to exceed 40 
single-sided (8\1/2\'' x 11''), double-spaced, 10 to 12 pitch typed 
pages. Any applications that do not conform to these standards may be 
deemed non-responsive to this solicitation and may not be evaluated. 
Standard forms and attachments are not included in the page limit. The 
application must include a table of contents and an abstract 
summarizing the application in not more than two (2) pages. These pages 
are also not included in the page limits.
    Upon completion of negotiations, the individual signing the SF 424 
on behalf of the applicant must be authorized to bind the applicant.

[[Page 50905]]

C. Acceptable Methods of Submission

    The grant application package must be received at the designated 
place by the date and time specified or it will not be considered. Any 
application received at the Procurement Services Center after 4:45 p.m. 
EDST, September 4, 2002, will not be considered unless it is received 
before the award is made and:
    1. it was sent by registered or certified mail not later than the 
fifth calendar day before September 4, 2002;
    2. it is determined by the Government that the late receipt was due 
solely to mishandling by the Government after receipt at the U.S. 
Department of Labor at the address indicated; or
    3. it was sent by U.S. Postal Service Express Mail Next Day 
Service-Post Office to Addressee, not later than 5 p.m. at the place of 
mailing two (2) working days, excluding weekends and Federal holidays, 
prior to September 4, 2002.
    The only acceptable evidence to establish the date of mailing of a 
late application sent by registered or certified mail is the U.S. 
Postal Service postmark on the envelope or wrapper and on the original 
receipt from the U.S. Postal Service. If the postmark is not legible, 
an application received after the above closing time and date shall be 
processed as if mailed late. ``Postmark'' means a printed, stamped or 
otherwise placed impression (not a postage meter machine impression) 
that is readily identifiable without further action as having been 
applied and affixed by an employee of the U.S. Postal Service on the 
date of mailing. Therefore applicants should request that the postal 
clerk place a legible hand cancellation ``bull's eye'' postmark on both 
the receipt and the envelope or wrapper.
    The only acceptable evidence to establish the date of mailing of a 
late application sent by U.S. Postal Service Express Mail Next Day 
Service-Post Office to Addressee is the date entered by the Post Office 
receiving clerk on the ``Express Mail Next Day Service-Post Office to 
Addressee'' label and the postmark on the envelope or wrapper and on 
the original receipt from the U.S. Postal Service. ``Postmark'' has the 
same meaning as defined above. Therefore, applicants should request 
that the postal clerk place a legible hand cancellation ``bull's-eye'' 
postmark on both the receipt and the envelope or wrapper.
    The only acceptable evidence to establish the time of receipt at 
the U.S. Department of Labor is the date/time stamp of the Procurement 
Services Center on the application wrapper or other documentary 
evidence or receipt maintained by that office.
    Applications sent by e-mail, telegram, or facsimile (FAX) will not 
be accepted. Applications sent by other delivery services, such as 
Federal Express, UPS, etc., will be accepted, however, the applicant 
bears the responsibility for timely submission. Because of delay in the 
receipt of mail in the Washington, DC area, it is recommended that you 
confirm receipt of your application by contacting Lisa Harvey, U.S. 
Department of Labor, Procurement Services Center, telephone (202) 693-
4570 (this is not a toll-free number), prior to the closing deadline. 
All inquires should reference SGA 02-18.

D. Funding Levels

    Approximately US$4.5 million is budgeted to fund this program. 
Although USDOL reserves the right to award more than one cooperative 
agreement, joint applications, consisting of more than one organization 
may apply to implement the program. Applicants will submit one 
application for the implementation of all projects (including pilot 
projects in localities) and are encouraged to utilize local 
organizations to implement portions of the program in order to 
institutionalize and sustain project improvements and reduce costs.
    The award of any sub-contract to a local organization will be 
subject to USDOL approval. See Section IV.D Administrative 
Requirements.

E. Program Duration

    The duration of the program is four (4) years. The start date of 
project activities will be negotiated upon the awarding of the 
cooperative agreements.

IV. Requirements

A. Statement or Work

    In developing their proposals, applicants should develop a strategy 
for implementation of the project objectives as stated in the section 
SUPPLEMENTARY INFORMATION. The strategy should take into account the 
implementing environment in China as well as that of the specific 
cities selected for pilot projects. For the labor law administration 
component of the proposal (see Section I.B.(i)), the proposed strategy 
should clearly identify areas in which laws and regulations are to be 
developed under this program. The strategy should also identify the 
major components, methods and approaches of the proposed ``national 
system'' for the training of Chinese officials in the administration of 
labor law. Further, the strategy should identify cities for pilot 
projects and should clearly demonstrate how the pilot projects serve to 
achieve the overall program objectives. Finally, the strategy should 
clearly identify key organizations or universities with which the 
applicant proposes to form partnerships. For the labor law awareness 
component (see Section I.B.(ii)), the strategy should clearly identify 
the organization(s) or other venues through which workers and employers 
can be reached. For the industrial relations component (see Section 
I.B.(iii)), the strategy should identify partners and effective ways of 
providing education and training at the national level to prevent and 
resolve labor disputes. For the legal aid component (see section 
I.B.(iv)), the strategy should include both the identification of 
organizations to provide such services as well as plans to expand and 
sustain such services beyond the program period.
    The strategy should also demonstrate how the applicant proposes to 
build upon the success of existing or past projects supported by other 
international donors, and coordinate activities among them at the local 
and national level. Further, the applicant should draft a strategy 
demonstrating how it will meet the project objectives by the end of the 
grant period, and how sustainability will be an integral element of the 
overall program.
    The applicant must present a strategy to demonstrate that at least
     80% of the target groups (targeted for training or 
education of labor law) exhibit an increased awareness of workers' and 
employers' rights as provided under national laws;
     50% of the target groups (targeted for legal aid 
assistance) receive adequate legal assistance or counseling;
     50% of targeted employers develop and implement workplace 
policies or programs aimed at improving employer-employee relations; 
and
     80% of government inspectors of general labor law 
demonstrate greater skill in carrying out their functions.
    The applicant should include a basis on which the target groups 
will be established (i.e., target industries, regions or disadvantaged 
groups), outline the information, education, and communication (IEC) 
materials that will be used as well as a strategy for translating 
education and capacity building efforts into concrete and demonstrable 
results. In addition, the applicant should develop sustainable 
innovative strategies for involving government and employers 
organizations, and nongovernmental organizations, as appropriate, in 
the development, implementation and enforcement of appropriate 
workplace

[[Page 50906]]

policies at the national and enterprise levels aimed at ensuring 
workers' and employers' rights under the law.
    The applicant awarded the cooperative agreement (``grantee'') will 
be required to work cooperatively with stakeholders in China, including 
but not limited to, MOLSS, local bureaus of labor and social security, 
local bureaus of work safety, provincial and city governments, NGOs, 
universities, research institutions, and other national or 
international organizations that work in similar areas. In addition, 
the grantee is expected to identify one or more key national or 
regional organizations that are capable of ensuring the sustainability 
of the program beyond the grant period.

B. Deliverables

    Following the award of the cooperative agreement(s), unless 
otherwise indicated, the grantee must submit copies of all required 
reports to USDOL by the specified due dates. Other documents, such as 
project designs, are to be submitted by mutually agreed-upon deadlines.
1. Project Designs
    Grantee(s) will travel to cities in China with USDOL officials on a 
project design mission trip, draft the design, and submit a project 
document in the format established by USDOL, to include a background/
justification section, project strategy (objectives, outputs, 
activities, indicators), project implementation timetable, project 
management organizational chart, project budget, logical framework and 
performance monitoring plan to systematically monitor project results. 
The document will also include sections, which cover coordination 
strategies, project management, and sustainability of project 
improvements involving government, employers' and workers' 
organizations as well as other nongovernmental organizations as 
appropriate. The project design will be drawn, in part, from the 
proposal written in response to this solicitation.
2. Technical Progress Reports
    The grantee(s) must furnish a typed technical report to USDOL on a 
quarterly basis, no later than 15 days from the last date of each 
quarter, i.e., 31 March, 30 June, 30 September and 31 December of each 
year. The 30 June (2nd quarter) and 31 December (4th quarter) reports 
are abbreviated and need only indicate whether the work plan was fully 
implemented and if not, explain why not and attach the amended work 
plan. The grantee(s) must also furnish a separate financial report (SF 
272) to USDOL on the same quarterly basis. The format for the technical 
progress report will be the standard format developed by USDOL and must 
contain the following information:
    a. For each project objective, an accurate account of activities 
carried out under that objective during the reporting period as it 
relates to the work plan;
    b. Major trends in the project that note particular success with a 
particular activity or trends that indicate a need to readjust or 
expand the work plan;
    c. An account of problems, proposed solutions, actions taken or 
required regarding implementation of the project;
    d. New proposals for activities, staffing, funding, etc.;
    e. Lessons learned in project implementation;
    f. Future actions planned in support of each project objective;
    g. An accounting of staff and any sub-contractor hours expended; 
and
    h. Aggregate amount of costs incurred during the reporting period, 
including estimated expenditures vs. budget.
3. Annual Work Plan
    An annual work plan for each project will be submitted within 45 
days after the approval of the project design by USDOL. Subsequent 
annual work plans, when revised, will be delivered to reflect 
modifications in implementation, no later than one year following 
submission of the previous work plan; or to reflect revisions based on 
recommendations made during mid-term evaluations, no later than 30 days 
following the mid-term evaluation.
4. Monitoring and Evaluation
    A performance monitoring plan will be developed in collaboration 
with USDOL, including beginning and ending dates for projects, planned 
and actual dates for mid-term and final project evaluations, and will 
be included as part of the submission of the project document for USDOL 
approval. The plan will include performance indicators and instruments 
to collect and report on performance data on a semi-annual basis.
5. Evaluation Reports
    The Grant Officer's Technical Representative (GOTR) will determine 
whether a mid-term evaluation will be conducted by an internal or 
external evaluation team. The final evaluation will be external in 
nature. In all cases, evaluations will be objective and carried out by 
independent evaluators. The grantee(s) must respond to any comments and 
recommendations resulting from the review of the mid-term report and 
will submit a work plan for implementing the recommendations of the 
mid-term report within 15 days following formal submission of the 
report to the grantee(s) by USDOL. Applicants need to allocate funds 
for these activities in the proposed budget.

C. Production of Deliverables

1. Materials Prepared and Purchased Under the Cooperative Agreement.
    The grantee(s) must submit to USDOL all media-related and 
educational materials developed by it or its sub-contractor under this 
cooperative agreement(s), including relevant press releases, for use in 
this project(s) before they are reproduced, published, or used. The 
grantee(s) must consult with USDOL to ensure that materials are 
compatible with USDOL materials relating to the program, i.e., public 
relations material such as video and web site. USDOL considers 
brochures, pamphlets, videotapes, slide-tape shows, curricula, and any 
other training materials used in the program, educational materials. 
USDOL will review materials for technical accuracy. USDOL will also 
review training curricula and purchased training materials for accuracy 
before they are used. The grantee(s) must obtain prior approval from 
the Grant Officer for all materials developed or purchased under this 
cooperative agreement. All materials produced by grantee(s) must be 
provided to USDOL in a digital format for possible publication on the 
Internet by USDOL.
2. Acknowledgment of USDOL Funding
    In all circumstances, the following must be displayed on printed 
materials:

    Preparation of this item was funded by the United States 
Department of Labor under Cooperative Agreement No. [insert the 
appropriate cooperative agreement number].

    When issuing statements, press releases, requests for proposals, 
bid solicitations, and other documents describing projects or programs 
funded in whole or in part with Federal money, all grantees receiving 
Federal funds, including State and local governments and recipients of 
research grants, must clearly state:
    a. The percentage of the total costs of the program or project that 
will be financed with Federal money;
    b. The dollar amount of Federal funds for the project or program; 
and
    c. The percentage and dollar amount of the total costs of the 
project or program that will be financed by non-governmental sources.

[[Page 50907]]

    In consultation with USDOL, USDOL's role will be acknowledged in 
one of the following ways:
    a. The USDOL logo may be applied to USDOL-funded material prepared 
for world-wide distribution, including posters, videos, pamphlets, 
research documents, national survey results, impact evaluations, best 
practice reports, and other publications of global interest. The 
grantee(s) will consult with USDOL on whether the logo should be used 
on any such items prior to final draft or final preparation for 
distribution. In no event shall the USDOL logo be placed on any item 
until USDOL has given the grantee written permission to use the logo, 
after obtaining appropriate internal USDOL approval for use of the logo 
on the item.
    b. If the USDOL determines the logo is not appropriate and does not 
give written permission, the following notice must appear on the 
document:

    This document does not necessarily reflect the views or policies 
of the U.S. Department of Labor, nor does mention of trade names, 
commercial products, or organizations imply endorsement by the U.S. 
Government.

D. Administrative Requirements

1. General
    Grantee organizations will be subject to applicable Federal laws 
(including provisions of appropriations law) and the applicable Office 
of Management and Budget (OMB) Circulars. Determinations of allowable 
costs will be made in accordance with the applicable Federal cost 
principles, i.e., Non-Profit Organizations--OMB Circular A-122. The 
cooperative agreement(s) awarded under this SGA will be subject to the 
following administrative standards and provisions, if applicable:
    29 CFR part 36--Federal Standards for Nondiscrimination on the 
Basis of Sex in Education Programs or Activities Receiving Federal 
Financial Assistance.
    29 CFR part 93--New Restrictions on Lobbying.
    29 CFR part 95--Uniform Administrative Requirements for Grants and 
Agreements with Institutions of Higher Education, Hospitals and Other 
Non-Profit Organizations, and with Commercial Organizations, Foreign 
Governments, Organizations Under the Jurisdiction of Foreign 
Governments and International Organizations.
    29 CFR part 96--Federal Standards for Audit of Federally Funded 
Grants, Contracts and Agreements.
    29 CFR part 98--Federal Standards for Government-wide Debarment and 
Suspension (Nonprocurement) and Government-wide Requirements for Drug-
Free Workplace (Grants).
    29 CFR part 99--Federal Standards for Audits of States, Local 
Governments, and Non-Profit Organizations.
2. Sub-Contracts
    Sub-contracts must be awarded in accordance with 29 CFR 95.40-48. 
In compliance with Executive Orders 12876 as amended, 13230, 12928, and 
13021 as amended, the grantee(s) is strongly encouraged to provide 
subcontracting opportunities to Historically Black Colleges and 
Universities, Hispanic-Serving Institutions and Tribal Colleges and 
Universities.
3. Key Personnel
    The applicant must list the individual(s) who has been designated 
as having primary responsibility for the conduct and completion of all 
work in project(s) it proposes. The grantee(s) agrees to inform the 
GOTR whenever it appears impossible for one or more of these 
individual(s) to continue work on the project as planned. The 
grantee(s) may nominate substitute personnel for approval of the GOTR; 
however, the grantee(s) must obtain prior approval from the Grant 
Officer for all key personnel. If the Grant Officer determines not to 
approve the personnel change, he/she reserves the right to terminate 
the cooperative agreement.
4. Encumbrance of Cooperative Agreement Funds
    Cooperative agreement funds may not be encumbered/obligated by the 
grantee(s) before or after the cooperative agreement period of 
performance. Encumbrances/obligations outstanding as of the end of the 
cooperative agreement period may be liquidated (paid out) after the end 
of the cooperative agreement period. Such encumbrances/obligations may 
involve only commitments for which a need existed during the 
cooperative agreement period and which are supported by approved 
contracts, purchase orders, requisitions, invoices, bills, or other 
evidence of liability consistent with the grantee(s)'s purchasing 
procedures and incurred within the cooperative agreement period. All 
encumbrances/obligations incurred during the cooperative agreement 
period must be liquidated within 90 days after the end of the 
cooperative agreement period, if practicable.
5. Site Visits
    USDOL, through its authorized representatives, has the right, at 
all reasonable times, to make site visits to review project 
accomplishments and management control systems and to provide such 
technical assistance as may be required. If USDOL makes any site visit 
on the premises of the grantee(s) or a sub-contractor(s) under this 
cooperative agreement(s), the grantee(s) must provide and must require 
its sub-contractors to provide all reasonable facilities and assistance 
for the safety and convenience of the Government representatives in the 
performance of their duties. All site visits and evaluations must be 
performed in such a manner as will not unduly delay the work.

V. Review and Selection of Applications for Cooperative Agreement Award

A. The Review Process

    USDOL will screen all applications to determine whether all 
required elements are present and clearly identifiable. A technical 
panel will objectively rate each complete application against the 
criteria described in this announcement. The panel recommendations to 
the Grant Officer are advisory in nature. The Grant Officer may elect 
to select one or more grantee/s on the basis of the initial proposal 
submission; or, the Grant Officer may establish a competitive or 
technically acceptable range for the purpose of selecting qualified 
applicants. If deemed appropriate, following the Grant Officer's call 
for the preparation and receipt of final revisions of proposals, the 
evaluation process described above will be repeated to consider such 
revisions. The Grant Officer will make a final selection determination 
based on what is most advantageous to the Government, considering 
factors such as panel findings, geographic presence of the applicants, 
the best value to the Government, cost, and other factors. The Grant 
Officer's determination for award under this SGA 02-18 is final.
    Notice: Selection of an organization as a cooperative agreement 
recipient does not constitute approval of the cooperative agreement 
application as submitted. Before the actual cooperative agreement is 
awarded, the Grant Officer may enter into negotiations concerning such 
items as program components, funding levels, and administrative 
systems. If the negotiations do not result in an acceptable submission, 
the Grant Officer reserves the right to terminate the negotiation and 
decline to fund the application.

[[Page 50908]]

B. Rating Criteria and Selection

    The technical panel will review grant applicants against the 
criteria listed below on the basis of 100 points.
    The criteria are presented in the order of emphasis that they will 
receive.
1. Approach, Understanding of the Issue, and Program Plans (40 points)
    a. Overview. This section of the proposal must explain the strategy 
employed by the applicant to achieve the following results:
    (1) At least 80% of the target group (targeted for training or 
education of labor law) exhibits an increased awareness of workers' and 
employers' rights as provided under the laws;
    (2) At least 50% of the target group (targeted for legal aid 
assistance) receive adequate legal assistance or counseling;
    (3) At least 50% of targeted employers have developed and 
implemented workplace policies or programs aimed at improving employer-
employee relations; and
    (4) At least 80% of targeted government labor law inspectors 
acquire increased skills to carry out their functions.
    The applicant must describe in detail the proposed approach to 
comply with each requirement in Section IV.A of this solicitation, 
including all tasks and methods to be utilized to implement the 
project. Also, the applicant must propose projects that would address 
issues discussed in Section I.(A) and (B).
    b. Logical Framework. The strategy should include an outline of the 
objectives, activities and indicators envisioned for implementation of 
the program.
    c. Implementation Plan. The applicant must submit an implementation 
plan for the entire program, preferably with a visual such as a Gantt 
chart. The implementation plan should outline the approach that will be 
used to implement the program. The plan should list the activities 
envisioned for the life of the program as well as scheduling of 
activities by objective, starting with the execution of the cooperative 
agreement and ending with the final report. In describing the 
implementation plan, the applicant must address the following points:
    (1) Describe the use of existing or potential infrastructure and 
use of qualified personnel, including qualified nationals, to implement 
the projects in Beijing as well as in selected pilot project cities. 
The applicant also must include a project organizational chart, 
demonstrating management structure, key personnel positions and 
indicating proposed links with the relevant government ministries, 
local government agencies/bureaus, NGOs, universities and other 
significant local actors.
    (2) Develop a list of activities and explain how each relates to 
the overall development objectives as stated in Section I.
    (3) Explain how appropriate IEC materials and training curriculum 
will be developed.
    (4) Explain the strategy for coordinating activities conducted at 
the central government level with those conducted at the local 
(provincial/city) level.
    (5) Demonstrate how the program will strengthen national 
government's capacity and enhance policies to protect the rights of 
workers as prescribed by national law.
    (6) Demonstrate how the grantee would systematically monitor and 
report on project performance to measure the achievement of the project 
objective(s).
    (7) Demonstrate how the grantee would build national and local 
capacity to ensure that project efforts to enhance the implementation 
and enforcement of national labor laws would be sustained after 
completion of the project.
    d. Management and Staff Loading Plan. The management plan must also 
include a management and staff loading plan. The management plan should 
include the following:
    (1) If two organizations are applying for the award in 
collaboration, they must demonstrate an approach to ensure successful 
collaboration including clear delineation of respective roles and 
responsibilities. The applicants must also identify the lead 
organization and submit the collaboration agreement.
    (2) A project organization chart and accompanying narrative which 
differentiates between elements of the applicant's staff and 
subcontractors or consultants who will be retained;
    (3) A description of the functional relationship between elements 
of the project's organization; and
    (4) The identity of the individual(s) responsible for project 
management and the lines of authority between this/these individual(s) 
and other elements of the project.
    The staff loading plan must identify all key tasks and the person-
days required to complete each task. Labor estimates for each task must 
be broken down by individuals assigned to the task, including sub-
contractors and consultants. All key tasks must be charted to show time 
required to perform them by months or weeks.
2. Experience and Qualifications of the Applicant (25 points)
    The evaluation criteria in this category are as follows:
    a. The applicant organization and collaborating organizations 
applying for the award must demonstrate experience of working on 
developmental projects in China or in countries with similar political, 
economic and social constraints.
    b. The applicant must demonstrate prior experience of working 
directly with government ministries, local government organizations, 
employers, workers, NGOs and academic institutions, as well as with 
U.S. Missions, in the area of labor law.
    c. The applicant must also demonstrate that it can negotiate and 
implement developmental projects in China and that it has the 
appropriate international experience and expertise to carry out program 
responsibilities in China.
    d. The applicant must demonstrate that it has staff or is able to 
recruit staff that can communicate effectively with Chinese employers, 
workers, migrant workers, and Chinese officials. Preference will be 
given to applicant organizations with staff that have Chinese language 
skills.
    e. The proposal must include information regarding previous grants, 
contracts or cooperative agreements relevant to this solicitation. This 
information must include:
    (1) The organization for whom the work was done;
    (2) A contact person in that organization with his/her current 
phone number;
    (3) The dollar value of the grant, contract or cooperative 
agreement for the project(s);
    (4) The time frame and administrative and programmatic effort 
involved in the project(s);
    (5) A brief summary of the work performed; and
    (6) A brief summary of accomplishments.
    This information on previous grants and contracts shall be provided 
in appendices and will not count toward the 40-page maximum page 
requirement.
3. Experience and Qualifications of Key Personnel (25 points)
    This section of the application must include sufficient information 
for judging the quality and the competence of key staff proposed to be 
assigned to the project(s) proposed to assure that they meet the 
required qualifications. Successful performance of the proposed

[[Page 50909]]

work depends heavily on the qualifications of the individuals committed 
to the project. Accordingly, in its evaluation of each application, 
USDOL will place emphasis on the applicant's commitment of key 
personnel qualified for the work involved in accomplishing the assigned 
tasks. Information provided on the experience and educational 
background of personnel must indicate the following:
    (a) The identity of key personnel assigned to the project. ``Key 
personnel'' are staff who are essential to the successful operation of 
the project and completion of the proposed work and, therefore, may not 
be replaced or have their hours reduced without the approval of the 
Grant Officer.
    (b) The educational background, Chinese language skills, and 
experience of key personnel.
    (c) The special capabilities of key personnel that demonstrate 
prior experience in organizing, managing and performing similar 
efforts.
    (d) The current employment status of key personnel and availability 
for this project. The applicant must also indicate whether the proposed 
work will be performed by persons currently employed or is dependent 
upon planned recruitment or sub-contracting.
    Note that management and professional technical staff members 
comprising the applicant's proposed team should be individuals who have 
prior experience with organizations working in similar efforts, and are 
fully qualified to perform work specified in the Statement of Work. 
Where sub-contractors or outside assistance is proposed, organizational 
control should be clearly delineated to ensure responsiveness to the 
needs of USDOL. Key personnel must sign letters of agreement to serve 
on the project, and indicate availability to commence work within three 
weeks of grant award.
    The following information must be furnished:
    (a) The applicant must designate a Program Director and other key 
personnel to oversee the program. The Program Director must have a 
minimum of three years of professional experience in a leadership role 
in implementation of complex labor programs in developing countries. He 
or she must demonstrate sufficient knowledge of and understanding of 
China's political and economic development, its government, and the 
complexity of China's current state-local relations. Chinese language 
(Mandarin) proficiency is highly desirable.
    (b) The applicant should specify other key personnel proposed to 
carry out the requirements of this solicitation.
    (c) An organization chart showing the applicant's proposed 
organizational structure for performing task requirements for the 
project(s) proposed, along with a description of the roles and 
responsibilities of all key personnel proposed for this project(s). The 
chart should also differentiate between elements of the applicant's 
staff and sub-contractors or consultants who will be retained.
    (d) Identify all key tasks and the person-days required to complete 
each task. Labor estimates for each task must be broken down by 
individuals assigned to the task, including sub-contractors and 
consultants. All key tasks must be charted to show time required to 
perform them by months or weeks.
    (e) A resume for each of the key personnel to be assigned to the 
program. At a minimum, each resume must include: The individual's 
current employment status and previous work experience, including 
position title, duties performed, dates in position, employing 
organizations and educational background, including Chinese language 
skills (if any). Duties must be clearly defined in terms of role 
performed, i.e., manager, team leader, consultant, etc. (Resumes must 
be included as attachments, which do not count toward the page 
limitation.)
    (f) The special capabilities of staff that demonstrate prior 
experience in organization, managing and performing similar efforts.
    (g) The current employment status of key personnel proposed for 
work under the cooperative agreement, i.e., whether personnel are 
currently employed by the organization or whether their employment 
depends upon planned recruitment or sub-contracting.
4. Budget Plan (10 points)
    The applicant must develop one proposed budget for the 
implementation of the entire program, including pilot projects in 
localities. This section of the application must explain the costs for 
performing all of the requirements presented in this solicitation and 
for producing all required reports and other deliverables presented in 
this solicitation; costs must include labor, training, material 
production and dissemination, equipment, travel and other related 
costs. The budget plan will be evaluated solely for the purpose of 
determining the efficient and effective allocation of funding for 
proposed program implementation. Preference may be given to applicants 
with low administrative costs. Administrative costs shall be reflected 
separately on the budget plan from programmatic costs.
    The budget must comply with Federal cost principles (which can be 
found in the applicable OMB Circulars) and with ILAB budget 
requirements contained in the application instructions in Section III 
of this solicitation.
    This stated commitment will be incorporated into the text of the 
cooperative agreement with the selected applicant(s).

    Signed in Washington, DC, on this 31 day of July, 2002.
Daniel P. Murphy,
Director, Procurement Services Center.

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[FR Doc. 02-19857 Filed 8-5-02; 8:45 am]
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